The alterations have significant implications in a wide variety of child custody matters, including divorce and custody cases, with the child’s best interests presumed as the primary consideration in all custody determinations.
As the UAE’s refreshed custody law seeks to adopt a less biased, child-centered perspective. In the sections below, this section provides an overview of the main changes for the new UAE custody law, clarifying the repercussions of the new law.
Child’s Right to Choose Custody at Age 15
By contrast, the law has now made a powerful gesture by giving children the right to choose which of their parents to live with once they turn 15. In the past, the Court had been the sole power to determine custody.
But now, Article 122 of the law has made this right clear in the law, giving no room for judicial judgment. Further, this provision is retroactive to cases in which the final judgment has not yet been awarded. Therefore, in custody battles under the UAE custody law, the children who are part of ongoing custody conflicts obtain more power over their comings and goings.
This is also a part of the larger changes instituted by the UAE divorce law, with a special focus on what is best for the child and the overhaul of family law processes.
UAE Custody Law: Custody Rights End at Age 18
The new law explicitly states that custody automatically terminates when a child reaches the age of 18, except if the child has special needs which necessitate continued custodial control (Article 123). That differs significantly from the previous law, which terminated maternal custody at age 11 for boys and 13 for girls.
The amended provision in the UAE custody law removes the gender difference, in effect enabling all children to stay with their custodial parent until they are adults.
Also, at 18, because the law requires the child to be released from custody, the law allows the child to be released to live independently.
Child Custody When Custodian and Child Follow Different Religions
Among the most notable amendments in the UAE custody law is the custody of Muslim children whose mother is a non-Muslim. Before, the law allowed mothers to have custody only until the child turned five.
Now, Article 113.8 of the new legislation does away with that age limit altogether. Instead, the Court impartially analyzes every case individually according to the welfare of the child, regardless of the religion of the custodian. The law, therefore, takes an ad hoc approach, instead of applying a mechanical rule based on religious differences.
Key Requirements for Custody Under UAE Custody Law
The new UAE divorce law has established clear conditions for someone to be entitled to avail of custody in the event of a divorce and custody issue. These requirements include:
- If a parent, the custodian must be 18, and if another relative, 21.
- The custodian must have the capacity of mind.
- Such a person must be shown to be in a position to bring up, guard, and protect the child and to provide the child’s education.
- A mother losing her child will not be given custody even if the mother remarries unless the Court deems otherwise, but in the child’s interest.
- If the child is a daughter in the father’s custody, an adult female must be in the home to attend to her.
- The guardian should not have a criminal record for offenses against honor.
- There must be no prior drinking problems on the part of the custodian.
- Although the custodian and child are supposed to have the same religious faith, the Court could hold otherwise in the best interests of the child.
These conditions (mentioned in Article 113), all together, serve as a structured criterion to decide upon custody and care of the child as per the UAE divorce law.
Conclusion
The new custody law in the UAE, in conclusion, clearly demonstrates a significant advancement towards considering the best interest of the child to be the primary concern at custody time. * It recognizes children above 15 years old to decide where they wish to live, sets an end to gender-biased custody age limits, and adopts a liberal view on religious discrepancy in custody cases.
The law also establishes specific requirements that all foster caregivers must meet to be able to provide appropriate care and supervision.
For expert advice in negotiating the new changes, contact the Khairallah Law Firm, one of the Best Lawyers in Dubai, which can provide sound advice. Combined, those changes highlight the new child-driven focus of the UAE divorce law, designed to lead to more equitable outcomes in divorce and custody.
Having said that, contact Khairallah Advocates & Legal Consultants and benefit from our free 30-min legal consultation.
*Disclaimer: our blogs, law updates, and FAQ’s are freely distributed for educational purposes and to showcase recent updates and regulations in the UAE’s framework.
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